The URL can be used to link to this page

Home My WebLink AboutR-2005-117 Yakima County Interlocal AgreementRESOLUTION NO. R-2005-117 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute Interlocal Agreement with Yakima County for Officer Supervised Work Crew. WHEREAS, the City of Yakima has experienced an increase in the need to provide Parks and Recreation and Streets/Traffic Division services within the City limits and has suffered reduced revenue for such services; and WHEREAS, the Yakima County Department of Corrections can and will supply inmate labor and transportation for a variety of labor intensive tasks at a below market rate; and WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage; and WHEREAS, Yakima County has the ability and willingness to provide inmate labor for Parks and Recreation and Streets/Traffic Division work as well as painting, janitorial services, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, graffiti abatement and other general labor projects as may from time to time be agreed by the parties; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Yakima County according to the terms of the attached "Interlocal Agreement for Use of Officer Supervised Work Crew Between City of Yakima and Yakima County," now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement For Officer Supervised Work Crew Between City of Yakima and Yakima County." ADOPTED BY THE CITY COUNCIL this 2nd ATTEST: City Clerk 1 of August, 200 Paul P. George, Mayor INTERLOCAL AGREEMENT FOR Officer Supervised Work Crew BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY PARTIES: City of Yakima County 129 North 2nd Street Yakima, WA 98901 Yakima County Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 WHEREAS, the City of Yakima has experienced an increase in the need to provide Streets/Traffic Division and Parks Maintenance services within the City limits and has suffered reduced revenue for such services, and WHEREAS, the Yakima County Department of Corrections will supply inmate labor and transportation for a variety of labor intensive tasks at a below market rate, and WHEREAS, Yakima County has the ability to provide inmate labor for Streets/Traffic and Park Maintenance Divisions work as well as painting, janitorial service, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, graffiti abatement and other general labor projects as may from time to time be agreed between the parties hereto, and WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal Cooperation Act," permits local government units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage, and WHEREAS, it appears mutually advantageous to both the City of Yakima and Yakima County to enter into this Agreement, NOW, THEREFORE, pursuant to RCW 39.34, the Parties agree as set forth herein: 1. Yakima County herein agrees to provide an inmate work crew for Streets/Traffic Division and an inmate work crew for Park Maintenance as well as any janitorial service, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, and other general labor projects as may from time to time be agreed between the parties hereto. These projects shall be completed in a reasonable time. In addition to inmate labor, Yakima County shall supply and be solely responsible for proper security and supervision for inmate work crews, inmate worker insurance, and transportation to and from the job sites, and necessary safety equipment. Each inmate crew will consist of six to eight inmates and a corrections officer from Yakima County. The correction officer will report to the appointed City representative daily for their work assignments. 2. (a) As consideration for the work crews to be made available to Streets/Traffic Division and Park Maintenance Division of the City of Yakima, the City shall pay to the Yakima County Department of Corrections a sum to be calculated as follows through December 31, 2006: Inmate work crew supervisor(s) $5,167.08 per month Inmate worker insurance $83.20 maximum per month Inmate transportation* .71 per mile Trailer ER&R $120.00 per month *Transportation includes a van, a bathroom equipped trailer and fuel. These fees represent one hundred percent of the cost of staffing, inmate transportation and insurance. Should Yakima County need to raise these rates to reflect increased costs, the new rate shall be equal to one hundred percent of the costs of staffing, inmate transportation and insurance. Yakima County shall give the City 60 days notice of any rate increase. Upon receipt of such notice, the City shall have the option to terminate this agreement as provided in section 3 hereof. Amounts due under this Agreement shall be paid as follows: At the conclusion of each calendar month, the Yakima County Department of Corrections shall submit to the City of Yakima Department of Public Works an itemized bill for services rendered during that calendar month. The City of Yakima shall pay the Yakima County Department of Corrections for services provided to the City within thirty (30) days of receiving said bill. If it any time, Yakima County is unable to provide a work crew, for more then two weeks due to employee injury, illness or absences not related to training or annual vacation, the County will pro -rate a deduction for those hours of the month when there was no work crew available. (b) In addition to monetary consideration, the City of Yakima shall supply all necessary tools, equipment, paint and other substances to be applied to City property, and all other supplies which may be required to allow work crews to perform the work contemplated herein. 3. This Agreement shall continue in full force and effect until and unless either party gives thirty (30) days written notice of termination to the other party. Upon termination, all tools and other materials supplied to the Department of Corrections pursuant to this agreement shall be returned to the City of Yakima, 2 Public Works Department. Upon termination, County shall be paid as provided in section 2 (a). 4. The City of Yakima shall notify the Yakima County Department of Corrections of any problems regarding the crew by telephoning (509) 574-2843. This Agreement shall not be interpreted to require the City to utilize inmate labor for any other project. The Yakima County Department of Corrections shall transport personnel and equipment to and from the work sites and the Yakima County Department of Corrections shall, in addition, transport any substances to be applied from the Yakima City Shops, 2301 Fruitvale Boulevard to the work site. 5. County and City understand and expressly agree that County employees, inmates or volunteers are not to be considered City employees, inmates or volunteers in the performance of each and every part of this agreement. County and its employees, inmates of volunteers shall make no claim of City employment or any claim against the City for any related employment benefits, workers' compensation benefits, social security, and/or retirement. 6. County shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or employment contract or assessed against either party as a result of this agreement. In the event City is assessed a tax or assessment as a result of this agreement, County shall pay the same before it becomes due. 7. Each party shall indemnify and hold harmless the other, its officers, agents, and employees, from all liability, loss or damage, including cost of defense, including attorney fees, they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the intentional or negligent acts or omissions of the indemnifying party, its agents, employees, volunteers, or subcontractors. For purposes of this indemnity agreement, Yakima County shall be solely responsible for the selection, security, safety and supervision of inmate workers. Inmate workers shall be considered volunteers of Yakima County for purposes of this provision. It is expressly understood that the City of Yakima does not maintain liability insurance for the County, its employees, inmates, and/or volunteers. County shall keep in full force and effect insurance during the duration of this Agreement of a type and amount sufficient to pay any claim or loss that may result from the activities contemplated by this Agreement. 8. The parties may amend this Agreement in writing signed by both parties without additional consideration being necessary. 9. A copy of the Agreement shall be filed with the City Clerk of the City of Yakima and the Yakima County Auditor's Office and the Secretary of Washington State. 3 10. In event of dispute, venue of any action on this Agreement shall be in the Superior Court in and for Yakima County, Washington. 11. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and County Commissioners below shall constitute a presumption that such approval was properly obtained. DATED this day ofAatASS1— , 2005 BOARD OF YAKIMA COUNTY CITY OF YAKIMA COMMISSIONERS By: By: Ronald F. Gamache, Chairman ).'y esse S. Palacios, Commissioner Michael D. Leita, Commissioner R. A. Zais, Jr., City Manager Attest: City Clerk 0peuitena.k Constituting the Board of County Commissioi .ip (%AM4 Co icy For Yakima County, Washington o�``O�•'ff �iS 'S/'j'�'e a It SOIlle c c •t() z•wtiy 2i=5. 4 014, w AO '11 I I S101111100" Attest: Sandra J. Acosta Deputy Clerk of (t} a Board 4 !MN. SEAT City Contract No. 2005 - Resolution No. R-2005-1 17 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I ° For Meeting of: August 2, 2005 Resolution to Authorize Inter -Local Agreement with Yakima County Department of Corrections for Inmate Work Crews for the Parks and Recreation Division and Street and Traffic Operations Division SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Denise Nichols/575-6005 Shelley Willson/575-6005 SUMMARY EXPLANATION: Yakima County Department of Corrections has indicated they are now again able to provide Inmate Work Crews used by both the Parks and Street Divisions. We have been without these resources for approximately 5 months due to County Correction's staffing situations. Previously, the Street Division and Transit Division were sharing the cost for one inmate work crew at a cost of $49,572 annually. The Street Division paid 88% and Transit 12% of the inmate crew. The Parks Division paid $40,000 for two inmate work crews. The biggest change in the relationship is the "full cost recovery" policy that County Corrections has required in the agreement. The revised annual cost estimates for each crew is $64.443.40 based on 2005 actual costs plus mileage. Mileage fees (based on 2004 actual miles) appear to be an additional $6,293 for Parks and $5,301 for Street and Traffic Operations. The attached report provides additional information for Council including Department of Correction history and activities for each division and the cost detail from Yakima County Department of Corrections. Resolution _X_ Ordinance _ Other (Specify) Inter -Local Agreement Contract Mail to:Steve Robertson 111 North Front Street Yakima, WA 98901 Funding Source: Street Operations Division 88%/ Transit 12% for one crew and Park Maintenance Division 100% APPROVED FOR SUBMITTAL: .,: y ,City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council adopt the resolution to authorize an Inter -Local Agreement with Yakima County Department of Corrections for inmate work crews. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-117 Yakima City Council Staff Report on Yakima County Department of Corrections Inmate Work Crews August 2, 2005 Submitted by City of Yakima Public Works Department Chris Waarvick, Director Denise Nichols, Parks and Recreation Manager Shelley Willson, Street and Traffic Operations Manager This staff report is prepared to give City Council members a brief history of the Yakima County Department of Corrections Crew for each Division. Parks and Recreation Division The Parks and Recreation Division have utilized two DOC crews for many years. Sample tasks include litter control, graffiti removal, restroom cleaning, weeding, sweeping, planting, general maintenance, and snow removal. Cost for these two crews were $40,000 year. It is projected that one work crew will now cost approximately $71,000 year under their full cost recovery request. Since the crews have not been available for the past five months, there is enough remaining dollars within the current budgeted line item to pay for the crew for the reminder of 2005. Staff will be presenting a Policy Issue to fully fund the DOC crew for 2006. Street and Traffic Operations Division City Council approved the funding of one inmate work crew for the Street and Traffic Operations Division during the 2002 Budget Adoption. The cost of the crew was split between the Transit Division and Street and Traffic Operations Division. The Inter -local Agreement with Yakima County included the full cost of the inmates and correction officer based on 2002 rates. This crew primarily has focused on weed and litter abatement on city rights-of-way that are adjacent to classified streets and transit stops, assisting the city with the fall leaf pick-up program, hand shoveling driveways that have been blocked by snow removal equipment, clearing snow from the sidewalks along the Nob Hill overpass and Walnut underpass. \\Isnt\Users\swillson\cc doc staff report.doc The proposed inter -local agreement is an increase of $16,430. The increased cost during the remainder of 2005 will be covered by budget savings that have accumulated during the 5 months that the Department of Corrections crew was unavailable due to personnel resource issues at Yakima County. \\Isnt\Users\swillson\cc doc staff report. doc